Riding with a Leg Out of the Car Window

Today, we’re going to answer a viewer question. Casey in Smyrna, Delaware asks: “If I’m riding with my foot out the window or on the dashboard and I get in a car accident – can I recover for injuries to my leg or foot?”

That’s a really good question, Casey. I recently had a Superior Court car accident case in New Castle County, Delaware. My client was a front seat passenger in a vehicle. She was alleged to have been riding in the car with her foot up on the dashboard, and she sustained really bad personal injuries to her foot. The insurance company tried to prevent her from being able to recover compensation for her injuries because they said that she was negligent because she had her foot on the dash. They said she should not be able to receive compensation for her injuries, even though their client rear-ended the car that she was riding in. She had her foot on the dash, and she contributed to her injuries.

We eventually settled the case and got her a significant settlement, but the story illustrates a good point. If you’re riding in a car as a passenger with your foot up on the dash or hanging out the window and you’re in an accident, you could sustain a personal injury to that leg or foot. You should expect the at-fault driver’s insurance company to try to deny your claim for compensation. They will say you were negligent by riding with your foot on the dash or out the window.

Can still make a claim? Absolutely. Can you still get a settlement or an award of compensation? Absolutely.

Don’t be surprised if you ride with your foot on the dash or out the window and you’re in a car accident if the at-fault driver’s insurance company tries to deny your claim.